Show sidebar

Hawai’i District Court Grants TRO of the “New” Immigration Executive Order

 

The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs (especially the private plaintiff, Dr. Elshikh), based largely on the court’s assessment of the strength of the Establishment Clause challenge, which was predicated on “significant and unrebutted evidence of religious animus driving the promulgation of the Executive Order and its related predecessor.” Thus, the court entered a nationwide TRO:

Defendants and all their respective officers, agents, servants, employees, and attorneys, and persons in active concert or participation with them, are hereby enjoined from enforcing or implementing Sections 2 and 6 of the Executive Order across the Nation. Enforcement of these provisions in all places, including the United States, at all United States borders and ports of entry, and in the issuance of visas is prohibited, pending further orders from this Court.

There will surely be more to say about Judge Watson’s ruling–and the litigation–going forward. But at least for now, it appears that the new Executive Order will _not_ in fact go into effect at 12:01 a.m. (EDT) tomorrow.

[Editor’s Note: For more information and analysis, check out Just Security’s Coverage of Immigration and Refugee Executive Order.]

Image: U.S. District Court-District of Hawai’i

Tags: , , ,


About the Author

Co-Editor-in-Chief of Just Security, Professor of Law at the University of Texas School of Law Follow him on Twitter (@steve_vladeck).